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Triveni Rayons P. LTD. Versus Commissioner of Central Excise And Customs

2017 (9) TMI 504 - GUJARAT HIGH COURT

Refund of unutilised CENVAT credit - export of services - Rule 5 of CCR, 2004 - Held that: - the refund u/r 5 would be available when any input or input service is used in manufacture of any final product or letter of undertaking or use in the intermediate product cleared for export, or used in providing output service which is exported. If this conditions are satisfied, refund of CENVAT would be available subject to other conditions mentioned in the rules - Admittedly, the CENVAT does not relat .....

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. Following questions are presented for our consideration: (i) Whether in the facts and circumstances of the case, CESTAT was justified in upholding the order of Commissioner (Appeals) and in turn Adjudicating Authority, rejecting the application of the Appellant filed under Rule 5 of Cenvat Credit Rules, 2004 for refund of Cenvat Credit accumulated due to difference in rate of excise duty on input and final product when the Appellant had opted out of Cenvat regime? (ii) Whether CESTAT has misin .....

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of accumulated Cenvat Credit is tenable in law in view of the fact that Appellant had opted out of Cenvat regime and therefore, the accumulated Cenvat Credit on inputs could not be adjusted against payment of excise duty on final product? 2. The assessee is a manufacturer and is engaged in manufacturing of polyester texturised yarn. The assessee had surrendered the central excise registration, at which time, it had balance unutilized CENVAT credit of ₹ 62.05 lakhs and a further sum of S .....

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l confirmed the view of the authority that refund would be available in case of CENVAT input or input for manufacture of export. Rule 5 of the said Rules reads as under: 5. Refund of CENVAT credit: Where any input or input service is used in the manufacture of final product which is cleared for export under bond or letter of undertaking, as the case may be, or used in the intermediate product cleared for export, or used in providing output service which is exported, the CENVAT credit in respect .....

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